2007 (9) TMI 633

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..... Leave granted. We have perused to order passed by the Division Bench of the High Court of Bombay at Aurangabad whereby the accused-appellant was convicted under Section 376 read with Section 511 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for one year. T....

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....told her that her father was inside. The moment the girl Anita entered the house, the accused caught hold her and took her inside the house and bolted the door. The girl shouted for help but without any result. It is alleged that she was subjected to sexual intercourse by the accused. The accused was arrested, prosecuted and ultimately convicted by the Trial Court for the offence punishable under ....

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....f semen on the private part of the body. Neither her clothes were torn nor there was any presence of hair of the accused on the private part of the prosecutrix. The doctor after examining the prosecutrix deposed that the girl was habituated to sexual intercourse. In view of this evidence, we are of the opinion that the High Court as well as the Trial Court has not correctly appreciated the evidenc....